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TB-08/10/1965
MEETING OF AUGUST !0, 1965 The Southold Town Board met at the office of. Supervisor Lester M. Al~ert~On~ 16 South Street, Greenport, N.Y. on August 10, 1965. T~e-meeting was called to o~der at 3:00 P.M. with the fo~t6~hg present: Supervisor Albertson; Cou~ncilmen Demarest and Valentine; Justices Tuthill and Clark; Superintendent of Highways Price; T~v~n Attorney Tasker and Town Clerk Richmond. Moved by Councilman-Valentine; seconded by Councilman Demarest; RESOLVED: That .the minutes of the Special Meeting and the meeting of July 27, 1965 be and the~ are approued~. Vote of Town Board: .Ayes-Supervisor .Alber~son; COUncilmen Demarest and Valentine; Justices Tuthill ~nd Clark, Moved by councilman Demarest;~ seconded by Justice clark; RESOLVED: That the Town Board make it's official visit to Fishers Island, N.Y. on Tuesday, August 2~, 1965. The meeting will be called to order at 1:30 P.M. The Supervisor is hereby authorized to provide transportation. The boat will leave sterling Harbor, Greenport, N.Y. at 9:00~.M. Vote of Town ~oard: Ayes-Supervisor Al~ertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by. Justice Clark; seconded by Councilman Demarest; RESOLVED: That the next meeting of the Town Board will be held at the office of the Supervisor, Lester Mo Albertson, 16 South St., Greenport, N.Y. on Tuesday, August 17, 1965, at 3:00 P.M. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and clark. ~v~0~!~-P.M. in accordance with a notice published according to law, bids were opened to furnish the Town of Southold One (1) new 1965 Hough Payloader centerpivot tractor shovel model H-90C, or equal, equipped with c~b, heater, defroster, and 3~ cubic yard bucket for use by the Disposal Area of the Town of Southold. The following bids were submitted: Hubbard & Floyd Equipment Co. -$29,690.00 Edward Ehrbar CO. 33,840.00 ~-O Penn Co. 33,958.00 Moved by Justice clark; seconded by Councilman Demarest;. RESOLVED: That the bids for the Payloader for the Town Dump be turned over to the Dump Committee for study. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and ~al~ntine; Justices Tuthill and Clark. Moved by JustiCe Clakr; seconded by Justice Tuthill; RESOLVED: That the. report of HOward M. Terry, Building Inspector, for the month of July 1965 be accepted by the Town Board and placed cn file. Votecof Town Board: Ayes-Supervisor Aibertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved, by Justice Clark; seconded by Councilman Valentine; RESOLVED: That the report of Supervisor Lester M. Albertson for the month of July. 1965 be accepted by the Town Boardaand placed on file. Vote of To~n Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthil! and Clark. Moved by Councilman Valentine; seconded by Justice Tuthill; RESOLVED: That the report of the Southold Town Bay Constable, William Januick, for the month of July 1965 be ~ccepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Jms~ices Tuthill and clark. i10 Moved by Justice Tuthill; seconded by Councilman Valentine; RESOLVED:.That the report mE Albert W. Richmond, Town Clerk, for~the month of July 1965 be accepted by the Town Board and placed on file. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Councilman Valentine; seconded by Justice Tuthill; RESOLVED: That the Town Board of the Town.of Southold approves the action of the Commissioners of the Fishers Island Ferry District on ~ir, ing Ronald B. Hague of FiShers Island, N.Y. to work at .the Airport for the month of August, 1965 for thirty-six hours only per ~eek, the pay rate to be $1.75 per hour,.effective August 14 1965. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest add Valentine; Justices Tuthi%!l and Clark. Moved by councilman Valentine.; seconded by Justice Tuthi~l;. WHEREAS, Harry Tuthill has requested the .Town Board to regulate the speed..of boats in the channel in School House Creek, New Suffolk, N.Y., NOW, THEREFORE, BE IT RESOLVED: That no person shall o~oerate in the channel or School House Creek, New Suffotk, ~N.Y. at a speed greater than five (5) miles an hour and. be it further RESOLVED: That the Supervisor be and he hereby is authorized and directed to cause notice of such speed limit to be posted in appropriate places in said creek and/channel. Vote .~of Town Board~ ayes-Supervisor A!bertsOn; Councilmen Demarest and Valentine; Justices Tuthiit and Clark. Moved by Councilman Demarest; ~seconded by Justice Clark; BOND ANTICIPATION NOTE RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK,. ADOPTED AUGUST 10, 1965, AUTHORIZING THE ISSUANCE OF A $36,0.00 NOTE IN ANTICIPATION OF THE SALE OF SERIAL BONDS OF THE TOWN HERETOFORE AUTHORIZED TO BE ~'ISSUED FOR THE PURCHASE-OF A PAYLOADER TO BE USED AT THE TOWN REFUSE DISPOSAL AREA IN CUTCHOGUE, IN SAID TOWN RESOLVED B~ THE TOWN BOARD OF THE TOWN OF SOU~OLD, IN THE COUNTY OF SUFFOLK, NA~ YORK, AS FOLLOWS: Section 1. A Bond Anticipation Note of this Town, .in the principal amount of $36,000, is hereby authorized to be issued pursuant to the provisions ~f the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York, for the specific object or purpose as more fully .described by the resolution entitled: "Bond resolution of the Town-~of Southold, New york, adopted July 13; 1965, authorizing the purchase of a payloader to be used at the Town Refuse Disposal Area in Cutchogue,. in said Town, stating the estimated maximum cost thereof is~$36,000, appropriating said amount therefor and authorizing the issuance of $36,000 serial bonds of the Town to finance said appropriation," duly adopted by the Town Board on the date therein referred to. Said Note is to be issued in anticipation of the sale of serial bonds of the Town heretofore authorized to be issued by said resolution. NO' bond anticipation notesare outstanding in anticipation-of the sale of said bonds and the~Note her~Dy authorized is not a renewal note. The period of maturity of the Note hereby authorized shall not exceed one year from date, and said Note may be renewed pursuant to the pro- visions of the Local Finance Law. Said Note is not to be issued in anticipation of bonds for an assessable improvement. Section 2. The terms, form and details of~ said Note-~sh~l be as follows: Amount and Title: $36,000 Bond Anticipation Note For PurSUance of~a Payloader - 1965 ~ ~ Dated: August 12, 1965 Matures: August 12, 1966, subject to prior redemption No. 1 Denomination: $36,000 Interest Rate: 2%~05% per annum, payable at maturity Place of payment of principal and. interest: supervisor's Office, Greenport, New York Form of Notes Substantially in~ accordance wit~~ form prescribed by Schedule B, 2 of the Local Finance Law of the State of New York. Section 3. Said Note is hereby sold to NORTH FORK BANK ANiD TRUST C(~4PANY, Mattituck, New York, at the price af par, to bear interest at the rate of two and five 'hundredths per centum, (2.05%) per annum, payable at' maturity, and the S~pervisor is authorized to deliver said Note to' said purchaser upon ~eceipt of the principal amount, plus ~accrued interest, if any, from-the date of said Note to the date of delivery. Section 4. Said Note-shall contain the recital'of validity prescribed by $52.00 of said Local Finance Law, and shall be a general obligation of the Town, payable as to both principal and interest by a general tax upon all the taxable real property within the Town, without limitation of rate or amount. The faith and credit of the Town is here- by ~irrevocably pledged to' the punctual payment o~ the principal of and interest on said Note and provisions-shall-be made in the-budget of the Town ~by. appropriation for the redemption of the Note to mature in such year'and for the payment of interest to be due in such year. Section 5. Said Note shall be executed in the name of the Town by the Supervisor and~the corporate sea! of'said 'Town shall be affixed thereto and attested by its Town Clerk. Section 6. This resolution shall take effect immediately. vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthili and'Clark. ~ne ~Resolution was declared'unanimously ~dopted. Moved by Justice Clark; ~c0nded by Councilman Valentine; RESOLVED: That Supervisor Lester M. Atbertson b~-'and he hereby-is authorized'to'enter into a Lease with the ConservationDepartment for a parking lot and landing ramp in the Gutl~Pond'Area, Greenport, ~N~Y. Vote of Town Board: Ayes-Supervisor Albertson; Co~qci!men Demarest and Valentine; Justices Tuthill and Clark. Moved by councilman Valentine; seconded by Justice. Clarkr RESOLVED: That the Rules and Regulations of~the Police Department by resolution passed by this' Board on April 23.~'1963~be and they hereby are rescinded, and be it further P~SOLVED: That the-following RULES AND REG%~LATIONS'for the Southoid Town'Police Department be adopted: TABLE OF CONTENTS ARTICLE'I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE Vii ARTICLE VIII ARTICLE IX ARTICLEX ARTICLE XI ARTI~CLE XII ARTI~LEXIII ARTICLE XIV ARTICLE XV ARtiCLE XVI~ TITLE: DEFINITIONS ADMINISTRATION - CHIEF OF POLICE SERGEANTS PATROLSiEN DUTIES AND RESPONSIBILITIES RADIO OPERATORS POSTS AND/OR AREAS GENERAL 'RADIOS b_ND POLICE' VEHICLES C~EMICAL TESTS BLOTTER, RADIO LOGS A~rD SCHEDULES AIDED AND ACCIDENT CASES' FIRES; RIOTS, STRIKES, ETC. UNIFORMS AN-D~EQUIPMENT SICKNESS,~VACATIONS AND ABSENCE GENERAL ~ROVIS!ONS RULES & REGULATIONS-POLICE CONT. ARTICLE i SECTION I. Title These rules and regulations shall be ~n~n as '~Rules and Regulations Governing Southold Town Police Department". SECTION 2. Definitions ~n~n used in 'these Ruler and Regulations: a. The terms '~policemen'~ , "Patrolmen'', "sergeant" "chief" and "chief of police" shall mean and be intended to signify policemen of the Town.of South°id. b. The term "police force" or "police department"- shall mean and is intended to signify the Police Department of the .Town of Southold. ARTICLE II Administration - Chief of Police SECTION I. The Chief of Police shall b~ the ranking officer and commanding officer of the police department and the members ~here- of and shall have cognizance and control of the government, adminish tration, operation and discipline of the police department and the members thereof. SECTION 2. In the absence or disability©of the Chief of Police, the Town Board shall d~signate an officer who shall possess all the powers and perform all the duties of the Chief of Police, and such officer shall be designated as the acting officer in charge. SECTION 3. The acting officer in charge shall carry out the orders of the Chief of Police, previously given, and such orders shall not, except in cases of extreme emergencies, be countermanded nor set aside by the acting ~fficer in charge. In the event that the orders of the Chief of Police are countermanded or set aside by the acting officer in charge in cases of extreme emergencies, the acting officer in charge shall make a written report thereof stating the reasons therefor which ~eport shall be submitted to the Chief of Police and ~ t~e. Town Board. SECTION 4. ~ne Chief of Police shall be responsible for: a. The enforcement of all laws and ordinances within the jurisdiction of the police department. b. ~he enforcement of these Rules ~ud Regulations. c. The supervision' of all police functions t~hroughout ' the Town of Southold and such other duties and respons, ibilities as may be prescribed from time to time by.the Town. Board. SECTION 5. It shall be the duty of the Chief of Police.tc keep accurate records of all police activities and administration~ Such records shall be properly maintained and shall be subject .to. inspection by the Town Board or amy member thereof at any time.~ ~ ARTICLE III Ser ge ant s SECTION I. Duties a. The Sergeants on duly shall have immediate supervision of the members of the police department, unless personal command thereof is assumed by the Chief of Police. Serg~ eants not on their tour of duty ar~e charged with.the super- vision of the me~bers of the police department and shall report t9 the ~-~e~ of~l~ot~ice~t.~mm-ss~ndu-¢% ~h' ~hce '~-~aJrt of police offic- ers ~hich comes to their attention. In the event that two or more Sergeants are on duty at the same time, the sergeant who is regularly assigned to that tour of duty shall be in command, and all other Sergeants and police officers shall obey his orders unless otherwise directed by the Chief of Police. R LES G ATtONS - PoL cE CONT.1.:13 $. It shall be the duty of all Sergeants at the end of their tour of duty to report all unfinished police~ functions to the sergeant or other officer relieving him. c. Sergeants shall require all members of the police depart- ment under their command to promptly comply with all orders, rules and regulations and other directives. Sergeants shall also be respnnsible for the conduct, discipline and proper behavior of the members of the police department under their command. Sergeants shall require~members of the police depart- ment to submit written r. epDrts of all cases and police incid- ents where a written report ~ay be deemed necessary by the Sergeant or the Chief of Police. Sergeants shall report any breach of a rule, regulation, order or other misconduct in writing to the Chief of Police. d. ~e Sergeant on duty shall investigate all complaints, interview complainants and report their actions in writing to the Chief of Police. ~ney shall chec~ all posts and/or areas in the To%~ at least twice during each tour of duty and make certain that such posts and/or sectors are properly manned. e. In the event of a dangerous, extraordinary or unusual occurence, disorder, fire, accident, riot, homicide, serious felony assault, explosion, robbery, emergency, or in all other cases in which there i~ a doubt in the mind of the Sergeant as to the course of action which should be taken, the Sergeant on duty shall i~ediately notify the Chief of Police. ARTICLE IV Patrolmen SECTION I. A patrolman when commencing his tour of duty shall proceed to his assigned post and/or area. As soon as possible, he shall inspect his post and/or sector and note any conditions which require police attention and shall take the appropriate action. In the event that a patrolman is in ~oubt as to the course of action which should be taken, he should communicate with the acting officer in charge for instruction and shall then follow the instructions given. SECTION 2. A patrolman shall not leave his post and/or area unless directed to do so by the acting officer in charge or the Chief of Police. If a patrolman is not relieved upon the expiration of his tour of duty, he shall, communicate with the acting officer in charge and comply with instructions received. If a patrolman, due to an emergency or other unusual cause, shall be required to leave his post and/or area without first being relieved or without first obtaining permission from the acting officer in charge or the Chief of Police, he shall as soon as circumstances permit,.report such fact to the acting officer ~in charge giving the reason therefor. SECTION $3. A patrolman shall examine all doors of stores and places of business to ascertain that they are properly secured at least once each day during the hours of darkness as soon after midnight as his duties will permit. All such doors found unsecured shall be reported to police headquarters as soon as. possible. SECTION 4. Patrolmen on motorized patrols who shall observe any vehicle or person in a place where the patrolman has reason to believe such person or vehicle has no business, may investigate 'such incident and require such person to identify himself and satisfy the patrolman that he has a legitimate reason for being in such place. SECTIO~ 5. In order to curtail speeding throughY~the Villages and along the highways throughout the Town, each policeman shall from time to time in various sections of the To~, park the police car along the curb or upon the shoulder of the high- way and ~direct traffic on the highway. Before leavings.the police car he shall call the police station via radio and give the exact location of the vicinity in which he is directing ~affic Upon his return to the police car, t~e shall again call the police station and give whatever information may be required. A~TICLE V Duties and Responsibilities SECTION I.-The members of the Southold Town Police d~partment have the power and it is their duty to: a. Protect life and property b. Pre~ent crime c. Detect and arrest offenders. d. Preserve the public peace. e. EnfOrce all laws and the ordinanceS of the Town of Southold over which said p~lice department has juris- diction .~ f. Perform such other duties as directed by the Chief of Police. g. Perform such other duties as required by laW. ARTICLE V~ Radio Operators SECTION I. The Town Board shall appoint radio operators who shall perform their duties in a prompt and b~sinesslike manner. When answering telephone calls, the radio operator shall first state: "Southold Town Police", then shall give-his n~me. Calls · must be answered promptly and communications transmitted with- out delay. Profane and insulting language will .not be permitted. SECTION 2. The radio operator on duty shall not leave head- quarters building during his tour~of duty except for reasons of necessity in which case the 0ffice~in charge shall assign a member of the police department, .orca competent person, to perform the duties of the radio operator. SECTION 3. The radio operator shall not permit any person in the radio room except members or-the police department, members of the Town Board~ Medical Examiners, t~e Town Attorney and duly accredited me~bers of policing agencies.when necessary in the performance'of their official duties. SECTION 4. The radio oper~ator shall properly enter on author- ized boo~s and forms, all-reports of complaints occurring dur- ing his tour of duty. He shall initial all reports submitted by members of,the police department. SECTION 5. The radio operator shall exchange all police infor- mation with the radiooperator about to relieve him. SECTION 6. The radio operator· shall log all radio transmissions in the prescribed radio log book and initial the starting and ending entries of his tour. SECTION 7. It shall he'the responsibility, of the radio operator to keep and maintain police headquarters in a neat, clean and orderly condition and to prohibit any unauthorized persons from loitering in the headquarters building. RULES & REGULATIONS - POLICE A~TICLE VII Posts and/or A~eas CONT. I1'5 SECTION I. A post.and/or area shall be a certain territory patrolled by a radio equipped patrol car. Three such posts and/or areas are hereby established in the Town of SouZa old, tO,wit: a. EAST - embraces all of the mainland territory of the Town of Southold lying East of Chapel Lane. b. WMEST - embraces all of the territory of the Town of South01d lying west of Cox's Lane. c. CENTR~ - embraces all of the territory of the Town of SouthOld lying b~tween the East~and West areas. ARTICLE VIII Genera! SECTION I. Every member of the police department is deemed to be on call for duty atiall times. SECTION 2. Meal periods shall not exceed thirty (30) minutes and only one such period is permitted for each tour of duty. Meal periods shall be taken in the patrolman's duty area, unless otherwise authorized, and headquarters shall be notified of the phone number where meal period is taken. SECTION 3. Men~bers of the police department shall not consume intoxicating beverages of any kind, nor be ~n an intoxicated condition while on duty, ~or shall ~ny member of the police department be on duty white his ability to per~o~r~m his duties is impaired by the consu_m~tion of ,i~ntoxicat~idg beverages. Members o= ~he police dep~rtment shall not slee~ ~ile on duty. SECTION 4. Me~oers of the police department shall be courteous at all times to all persons and shall give his n~me and shield number to any person when requested. SECTION 5. Every member of the police department shall be fit for, and subject to, full duty at all times, except when on authorized leave or absence, Permanent physical or mental in- oapacity to perform polic~.duties shall be cause for dismissal from the police department.__ Every member of the police department shall devote his entire time and attention to the .service of the ~police department,~.and shall not engage in any other business or employment/if such business or employment shall interfere with suUh member's duties as a member of the police department. SECTION 6. No member s~atl leave the Town of Southold in uniform and in a police vehicle except in close pursuit, extreme police ~emergency or when directed to do so by a ranking officer. SECT!O~ 7. When a member is assigned to perfrom the duties of another rank, he shall be governed by the rules, regulations and_orders affecting that rank. SECTION 8. Members shall treat as confidential the official business of the police department~ They shall not impart to anyone except those for whom it is intended any police infor- mation, unless legally required to do so. SECTION 9. Injuries sustained by members of the police department shall be reported immediately to the Chief of Police. SECTION 10.. No members of the police department shall incur any claims chargeable to the Town of Southold without the knowledge ~ud consent of the Chief of Police. RULES & REGULATIONS - POLICE CONT. SECTION ii. Members of the police deps~tment shall be civil and respectful to earn other on all occasions and shall not mare derogatory or untruthful statements concerning officers or em- ployees of the Town of Southold. Members of the police department shall cooperate.fully with all other law enforcement.authorities. SECTION 12. No members of the pOlice department, whether on or off duty, shall do or say anything which would in any way be prejudicial to the good order or discipline or reflect upon the reputation of the SoutholdTown police_or which would ad- versely affect the interests of such police department. SECTION 13. Every member of the police department shall perform all duties assigned to him. SECTION 14. Every member of the police department shall car~y on his person the authorized identification card of the police department and shall report the loss or theft thereof immed- iately to the Chief of Police. SECTION 15.1 Members of the police department shall neither interfere with, nor attempt to influence, the lawful business of any pers6n. SECTION 16. Whenever deemed necessary.by ~ne~Chief of Police, all,lice personnel shall attend Police Training Courses such as, Firing Range for qualification, First Aid and Resuscitator instructions, etc. The Chief of. Police is hereby authorized to prescribe the time.and~manner in which police personnel attend these classes. SECTION 17. Members..of the police department shall not smoke while on foot patrol or traffic duty. SECTIO~ 18. Ail patrolmen, on duty between thehours ~of Mid- night and 8:00 A.M. shall call headquarters via radio at least once every hour. If no signal is received within the hour, the radio operator shall notify the Sergeant i~ charge or the Chief of Police. _. ARTICLE IX ~ Radios and Police Vehicles SECTION I. It shall be the responsibility of.every member of the police department to familiarize himself with the proper operation of police radios as prescribed by/Federal Communication Commiss- ion regulations. SECTION 2.~-Only.prescribed forms shall be used in recording alarms of all nature. Temporary forms shall be used for all County alarms and permanent forms shall be used for all local alarms. SECTION 3. It shall be the duty of-the radio operator to record all ~ransmissions and promptly dispatch the same to local mobile units ill-required. When receiving a complaint requiring a-radio alarm, the radio operator shall dispatch the same to tocat~nits, Suffolk-CoUnty Sheriff's Office, Suffolk County Police Department, and the New York State Police.~ SECTION 4. The radio operators shall keep the radio ro~m quiet when dispatching and receiving transmissions and under no circum- stances use profanity or unauthorized language. All ~rans- missions Shall be brief and in code.when possible. RULES&'REGULATIONS- POLICE CONT. SECTION 5.~ Members Of 'the police department when operating radio equipped vehictes~shall sign in immediately after starting their patrol tour and sign off prior to. completing such tour. In cases where it is necessary to leave any radio equipped police vehicle, the operator shall report to~ the radio operator, in code, giving location, length of absence from unit and when possible a telephone number where he can be reached by the radio operator. All members of. ti~e police department shall answer radio transmissions pertain- ing to such unit immediately. ~ SECTION 6. Repairs and/or adjustments to all police radio equip- ment shall be made by persons authorized therefor by the Chief of Police. SECTION 7. Ail police vehicles shall be employed in official police business only.~'Transportation of unauthorized persons is prohibited unless authorized by the Chief of Police or the officer in charge. SECTION 8. Ignition keys shall be removed from all police vehicles and the engine shut off at all times that such vehicle is left unattended. SECTION 9. Ail police vehicles sh~l! be operated in such a manner as to avoid injuries to persons and property. Such vehicles shall not be operated in a careless, negligent or reckless manner. No police vehicle shall be engaged in towing or pushing any other ntt motor vehicle. SECTION 10. Care of'police cars and preventive maintenance. Every operator of a police vehicle shall he. required to completely fill out a before operation check sheet at the start of each tour of duty., check sheet shall consist of the following: a. NA~4E: Each officer shall print'his name in the indicated space. .. b. SHIFT: Officer shall fill in the hour of each shift. c. DATE: Each officer shall fill in the date. ~d. MILEAGE: Each officer shall fill in the speed- ©~t~ ometer reading~at the~start and end of each shift. e. TIRES~ EaCh officer shall be required to check each tire, including the spare, for the following: condition of traad, bruises, .... cuts and visual inflation. Any defects shall be noted.Under "remarks" and reported to the chief of Police. f. GASOLIne: Each officer.shall be required to fill the gas tank at the completion of his tour ~. of duty and note the n~m~er of gallons necessary to fiti such tmnk. g'. OIL:' ~ach officer shall check the .crankcase oil level at the start of his tour of duty, and each officer who is on duty when it becomes necessary to change the oil, shall make a note in the "remarks'~ column when such oil was changed and the speedometer reading at the time. h~.' WATEr: Each zzzcer shall~check the radiator water level and rubber hose connections. i.. INSTRUMENTS: Each officer .shall du~±ng his tour of duty~ascertain whether or not the dashboard ~ .. instnuments are in order, and any defect shall be noted under "remarks" and reported to the Chief of Police. RULES & REGULATIOh~S - POLICE CONT. J. CLEANLINESS: ~Each officer shall at the completion of his tour of duty sweep out the interior of the car and clean the~ windows,~ windshield and rear view mirror. k. EQUIPMENT: Each officer shall at the start-of his tour of duty~ ascertain that the following equipment is in the police car: 12 flares, one fire s~xe, one full CO2 fire extinguisher, one Halligan tool, jack, one shovel, 2 blankets, one accident board, at least 6 accident repokt blanks, one ~.i~/'~n~; ~>a3~ ~n< ?~:~esistance belt and resuscitator and first aid kit adequately supplied. 1. MECHANICAL ~EFECTS: Any mechanical defects noted dur- ing the tour of duty shall be reported in the "remarks, column and the .the Chief of Police. m. CONDITION OF ROADS: Each officer shall note the~con- ditions of the road,~ dry, wet, slippery, icy, snow. Snow tires shall be put on whenever in the discretion of the Chief of Police or the officer in charge he deems it necessary and it shall be noted in:the "remarks" column when such snow tires are put on. Periodic checks of the police cars shall be made by the Sergeants and Chief of Police. ARTICLE X Chemical Tests SECTION I. Chemical tests pursuant to Article 31 of the Vehicle and Traffic. Law. Every~ member of the police.department having reasonable grounds to believe that the operator of a motor vehicle to ha~e ~een driving in an intoxicated condition or, while his ability to ogerate .such motor vehicle was impaird by the consumption of alcohol shall arrest such driver and therafter request such driver.to submit to a chemical test (blood) by asking such person the following question: "Will you submit to a chemical test for intoxication?" The police officer shall then comply with the following rules: a.. Take the arrested d~iver to headquarters where his name can be recorded and notation m~de of the charge against hLm. b. His physical condition is then carefully noted on the prescribed department standard alcoholic influence repDDt form. A matron shall accompany all female offenders. c. Within two hours of the time of arrest, the arrested person is .again requested in the presence of an6ther officer orwitness, to submit to a department approved type of chemical~test (blood test). If such consent is given, the approved test is followed exactly. The pre- scribed Suffolk County Laboratory blood sample container shall be employed and_the blood sample taken from the arrested person as instructed within a ~it by a local licensed physician. The blood sample container ~nall be sealed by the arresting officer and both the officer and physician shall initial the sealed cap and place the same in the kit. d. The kit shall then be dispatched to the Suffolk County Police Laboratory~or other authorized laboratory by either regist~redor certified mail or by delivery by the arresting officer directly to the laboratory. If delivered bY the arresting officer, a receipt must be obtained from the laboratory showing the kit and number and such receipt attached to the information. e. 9~hen the arresting officer is notified by the labOr- atory that. ~he same has been processed, he shall pick up the kit and secure the smme until the time of trial. Under no circumstances will any other persons be permitted to come in contact with the kit. Once it is presented as evidence, it then becomes the property of the court. F. In the event that the offender refuses to submit to a chemical test, the arresting officer shall prepare an sworn statement setting forth full facts and circumstances surrounding such~refusal~ using the form prescribed for this purpose. The statement Shall be countersigned by the Chief ~. of Police and made in duplicate. The original shall be for- warded to the Conumissioner of Motor Vehicles and the ~upli- cate shall be filed with the DWI or DAI information. g. When reciuested, the arrested person is to be furn- ' ished with a copy of the results of the chemical test. h. When requested, the arrested person is to permitted to have another test performed by a physician of his own chooSing at his own expense. ~ ARTICLE XI . ~ Blotter, radio Logs and Schedules ~ SECTION I. Entries in the police blotter~ radio logs ~ud schedules shall be made by the radio operator or person designated by the Chief of Police or officer in charge. SECTION. 2.~The blotter shall contain: a. The record of duty of each member of the police depart- o ment ~ith the nature, time and location of' such duty. b. The movements of the members of the police department assigned to perform regular tours of duty. c. An itemized list of~atl prOperty, coming into possession of any member of. the police department, the. circumstances under which received, the full name and address of the person finding, losing or recovering su~n property.,-the alleged owner's name and a~dress, the value of such~prop- erty and the disposition made thereof. d. A record of subpoenas received or served upon members of the police department. e. A brief entry of all occurrences w~th proper reference to aided, accident cases, alarm numbers and criminal file case snumber s. f. Entries of members reported on vacation, authorized leave, sick or .ab~sent for~ any other reason. . g. Delinquencies o~ members of the police department. .h. A record of all police business as well as a record of .all of the members of the police department. i. The radio operator immediately upon reporting for his tour of duty shall enter the time, existing weather con- ditions and..temperature andshall initial the same. j. Every entry shall be initia!~ by a person entering the s~/de o k. Every entry shall be properly cross indexed and numbered in numerical sequence. 1. The police blotter is the official record of the police department and contains from time to time classified and confidential information. The Chief of Police is hereby given authority to prescribe the time when and the manner in which persons who are not members of the police department ~ RULES & REGULATIONS - POLICE CONT. PAY INSPECT THE POLICE-BLOTTER. Under~ no circum- stances shall confidential information be permitted to be examined by any~person other than one authorized by law to examine the same..Information, the disclosure of which would interfere with the i~vestigation of a c~ crime, shai~ not be revealed. ARTICLE XII Aided and Accident Cases SECTION I. Every member of the police department shallrender assist- ance to a sick or injured person and when necessary shall call a doctor and/or ambulance. HZ sahll obtain the full name, date of birth, resid- ence, occupation and a full description of the person injured as well as a full and complete statement ofthe surrounding circumstances. If injury occurs on a public street or in a public place, he shall care- fully note the surrounding conditions such as broken pavement, excav- ations, unlit street lights, snow and ice and any other conditions con- tributing to the happening of the injury. He shall enter such conditions in his report and promptly fi%e the~same at head,darters. SECTION 2. All accidents shall be reported in the accident repDrt book in numerical order. Diagrams of all accidents involving death or serious injury shall be completed on the reverse side of the report._The report shall include the names of all persons involved in the occurrence, the names of which shall be cross indexed in the accident report book. A special report shall be completed whenever a fatality occurs. The invest- igating officer shall prepare and sign all accident reports. SECTION 3. -When a~member of the police department observes a defective or unsafe dondition in any street, highway or public place likely to cause an accident, he shall prQmpt~y-note the nature of't~e defect or unsafe condition and~forward such information to headquarters. The Chief of Police or the officer ~n charge shall make a record of such defect or unsafe condition and shall in%~ediate!y nogify the public authority responsible for remedying such condition. SECTION 4. It shall be the duty of the investigating officer at the se · acene .of the area ac.c%~gn~ Ks SECTION 5. It shall also be the duty of the inVestigating officer at the the scene of an accident when~necesaary to cause emmrgency flares, warn- ing lights.and other devices to be. utilized. SECTION 6. If the services of a doctor are required at the scene of an accident, the investigating officer shall request such services from headquarters. The Chief .of Police, officer in charge or the ~adiocoper- ator shall summon a doctor, using the appropriate doctor's list main- taine~ for that purpose at ~eadquarters. SECTION 7. It shall be the duty of every member of the police depart- ment to prepar~ and file with the Commissioner of Motore VehiCles all reports required by the provisions of the Vehicle and Traffic Law. SECTION 8. In all cases of accidents requiring the services of a tow truck or wr~cker,-the police officer investigating the accident shall call the nearest available tow truck or wrecker, unless it is the desire of the owner and/or operator of.the vehicle involved~to do otherwise. SECTION 9. It shall be the duty of the officer in charge to promptly notify the relatives or friends of persOns injured or killed in accid- ents or other occurrences. ARTICLE XIII FIRES, RIOTS, STRIKES, ETC. SECTION I. All. members of the police department, while on or off. duty, shall transmit to police head~aarters all information coming to their attention concerning any~unusual occurrence, serious and impor~tant~ casualty, crime and any unsafe or dangerous condition to the public and shall be required to take the appropriate action relative thereto. SECTION 2. In case of riot~ fire, strike or other emergency., the member of the police~department first.on the scene shall assume charge of p~ice~ functions until a high~r~ ranking officer arrives and assumes charge. SECTION 3. The members of the police department shall facilitate/~the operations of fire departments by maintaining fire lines, and excluding froml~hin such lines.all unauthorized persons and vehicles, ~enever possi?Dle,~fir~e lines shall be extended beyond the fire apparatuB or the fire,hydrant in use most distant from the scene of the fire. For the purpose of cooperating with fire departments, members of the police department shall report to the officer in charge of the fire departmen~ and perform such proper police functions that maybe requested. SECTION 4. Upon display of proper authorization, the following persons shall be admitted within the fire lines; .. a. Members of th~ police department, members of the fire departments, building and fire inspectors, United States Post Office personnel, water, gas,~ electric and telephone company personnel~ ~butance attendants and members Of the fire patrol. b. The ~ners of property in the ~vicinity of the fire and their family when necessary and members of the .press after, properly identifying thenselves. SECTION~5. The following motor vehicles shall be admitted within the fi~e ~lines: a. Police and fire vehicles b. Ambulances c. Vehicles used in conveying United States mail. d. Utility company vehict~s if their services are required at the fire. e. Building and fire inspectors vehicles. SECTION .6..The chief engineer of the fire department is in charge of all firematic~duties at the scene of a fire. SECTION 7,. The ranking officer or senior officer at the scene of a fire ~is in charge of. any criminal investigations arising out of such fire o SECTION 8'. At the[ scene of a~ fire, members of the police department shall exercise due care to insure the protection o~.persons and prop, erty~. SECTION 9. In the event~of a strike, the officer incharge shall immediately notify the Chief of Police who shall communicate with the SuffolkCounty Sheriff's Office. and/or the Suffolk County~Police Department to provide for. appropriate security measures in the area of the strike.. RULES & REGULATIONS - POLICE CONT. ARTICLE XIV UNIFORMS AND EQUIPMENT SECTION I. Members of the police department, unless otherwise directed, shall wear the uniform prescribed by the Chief of P61iCe white.on duty. SECTION 2. Every member of the police department must be neat in_his person, and dress when on duty SECTION 3. Members of the police department shall not wear, use, display nor have in their~~any polic~ shield or similar, badge except the shield or badge authorized by the Chief .of Police. Members of the police department shall carry, the authorized badge or shield at all times. The autho~zed shield or badge shall be worn by all members or, the po!~de department on all court appearances and when testifying before a Grand Jur~ or other official hearing. SECTION 4. Members of the police department shall be personally~respon~ sible for their uniform and equipment and no emblem, patch,, shield, ~ badge or, other ornament shall be worn unless authorized by the~ Chief . of Police. SECTION ~. Loss, d~%age, injury or.unserviceable condition of .police equipment shall be promptly reported to the Chief of Police. SECTION 6. Ail members of the police department shall be equipped with the following equipment: a. Pencil and/or pen.. b. 38 caliber revolver, loaded. c. 12 extra cartridges. d. Holster for revolver. e. Whistle f. Nightstick, when ordered. g. Handcuffs. SECTION7&. It shall be deemed a ~neglect of duty for any member of the police de- partment to lose his shield and/or badge, emblem, identification card or any.insignia of thepolice department,,or failure to carry.the same properly on his person, or failure to report the loss of the same promptly to the officer in charge. ~AETICLE.XV. Sickness, Vacations and Absence SECTION I. Sickness 'Whenever a member ofthe police.department is unable to report for!duty due to sickness, such person shall notify the Chief of. Police or the._ officer ~n charge at least two hours before his scheduled tour of duty, if possible, advising ~ the nature or-the sickness.. Upon request of the Chief of Police, such member shall be required to produce a doctor's certificate whcih shall state the necessity ~or such member being absent from duty and the nat,&re of the illness. The Chief of Police may assign any officer of rank. to visit the sick ~ember of the police;department to ascertain such illness and~the extent~thereof..I~hen a~member..~s absent due to sickness, such member shall not leave his residence or place of confinement except by permission or instructin~ of the attending, physician All members of the police department shall 'be en~itled to be. absent from duty due' to sickness as aforesaid for-'~welve days in.each calend~arl:~year during which absence such person shall receive full pay. Any.s~ch Sick leave not used in a calendar year may be accumulated to the extent of ninety days. SECTION 2. Vacations Every ~ember of the police department shall be entitled to fourteen days vacation in each calendar year. Such vacation period shall be a fourteen REGULATIONS - POLICE CONT. 1'23 DAY CONSECUTIVE PERIOD, COF~TENCING ON A MondaY. Every member shall sign out when commencing a vacation iomr~od and sign in when returning from a vacation period. The vacation period of each member shall be det- ermined Dy the Chief of_Police. SECTION3. Anyime~ber of the police department, on application to the Chief of Police, may he. granted a leave of absence, with full pay, in case of a death in the immediate family of such member. ARTICLE XVI ~ General Provisions SECTION I. Ail members of the police department shall be expected to conform to all the foregoing rules and.regulations. SECTION 2. For a violation of the foregoing rules and regulations, or disobedience, or of incompetency to perform official duty, or of any act of delinquency seriously affecting his general character or fitness for office, a member'of the police department may be punished by .rep- rimand, by forfeiture and withholding of salary or~ compensation, by extra tours or hours of duty, by suspension from duty, or by dismissal from the department, in accordance with the provisions of Local Law No. 2 of the year 1964, a local law relating to the establishment of a police department' for the Town of Southold, enacted on_September 29, , SECTION 3. If any provisions of~ thes~ rules and regulations sh~i! be held to be invalid, such invalidity shall not affect th~ validity of the remaining provisions Of these rules and regulations. SECTION 4. Effective Date These rules and regulations shall take effect.on the 10th day of August, 1965, and a copy thereof shall be posted upon the bulletin board main- tained a~ p~lpe~eadq~t~s~and a copy thereof delivered to each member of the police department for his information, guidance and action. Vote of Town Boards Ayes-Supervisor Albertson; Councilmen Demarest and Valenbine; Justices Tuthi !1 and Clark'. Moved bY Councilman Demarest; seconded by Councilman Valentine; WHEREAS, Barbara Dittmann, secretary to ~ne Planning B~d and the Board of Appeals is on leave of absence, RESOLVED: That Supervisor Albertson be and he hereby is authorized to employ Mrs. McLean of~Southold, N.Y. at a rate of ~2.00 per hour during the absence of Barbara Dittmann. Vote of Town Board: Ayes- Supervisor Albertson; Councilmen Demarest and Valentine~ Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Justice Tuthill; WHEREAS, Woodholl~Properties, Inc. petitioned the T~n Board for a change of zone of certain real property described in said petition from "A" ~esidential and Agricultural District to "B-2" Business District, and W~REA S, official WHEREAS, the said petition was referred to the Planning Board for its reconkmendation and rep0~t, and ~e~pur~ant~.t ~e ~otihe Ehen~of held a hearing on said petition on July 13, 1965, at which time all interested persons were given an opportunity to be heard, N~, ~EREFORE, BE IT RESOLVED: That the relief demanded in said petition of Woodhollow Properties, Inc. be and th9 s~me is in all respects denied. Vote of Town Bgard: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and clark. Moved by Justice Tuthill; seconded by Councilman Valentine; RESOLVED: That the .Town Clerk of the Town of Southotd be and he hereby is directed to request ~he Long Island Lighting Company to install one .(t) 400 ~ overhead street ~light on Pole $3 ~on,Wickham Avenue, Mattituek, N.Y. opposite the driveway into the Firehouse parking Lot, in the Mattituck Light District Vote of Town Board: Ayes-Supervisor Albertson; Councilmen De_marest, and Valentine; Justices Tuthill and Clark. Moved by Councilman Demarest; seconded by Councilman Valentine; RESOLVED: That Peter Grattan, Leonard Green, George Muir, Stanley Kurkoski, clarence Tillinghast and Joseph Andrade, Jr., Special Constables, Town of Southold, be paid at the rate of $2.00 per hour and that they serve at the pleasure .of the Town Beard Vote of Town Board:~Ayes-SupervisDD Albertson; Councilmen Valentine and Demarest; Justices Tuthill and Clark. Moved by Councilman Valentine;. seconded by Justice Tuthill: RESOLVED: That Supervisor Lester M. Albertson be and he her. eby is authorized to,have a traffic study made of the streets in the vicinity of Founders Landing. ~ Vote of~Town Bo~rd: yes-Supervisor Albertson; Councilmen Demarest o and Valentine; Justices Tuthill and Clark. ~ Moved by councilman Demarest; seconded by Justice clark; WHEREAS, the contingent fund in the Annual Budget for the current~ year is $15,000, and W~REAS, OF SUCH sum appropriated, $13,000 remains unexpended to ~date, NOW, THEPCEFORE, BE IT RESOLVED.~ ~That $10.00.00 of the unexpended bal~ ance be and the same is transferred'to Traffic signals, and that the amount heretofore appropriated for said purpose be and the same is hereby increased in the amount mentioned. C Vote of Town Board: Ayes-.Supervisor Albertson; ouncltmen Demarest~ and Valentine; Justices Tuthill and Clark. Moved by Justice Clark; seconded by. Justice Tuthill; RESOLVED: That General Bills in the amount of $75~7~.8~; Lighting District Bills ~in the amount of ~3402.25; 'Fishers Island Ferry-District Bills in the aumount of $22,091~28 and Highway Bills in the a~ount of $13,449.41 be and the same are hereby ordered paid. Vote of Town Board: Ayes-Supervisor AlbertSon; Councilmen Demarest~ and Valentine; ~Justices Tuthili and Clark ........ Moved by Justice Clark; seconded by Justice Tuthill; RESOLVED: That~Frank S. Dawson of~New Suffolk, N.Y. be and-hereby is appointed, subject to the written approval of .the District Superin~ teRdent of Schools, Attendance~Officer to all schools throughout the Town except such schools as are otherwise provided for by section' 3213 of the Education Law, and be it further RESOLVED: That- such attendance officer shall be removable at the pleasure bf the District Superintendent~of Schools, and be it further RESOLVED: That the compensation of such a~tendance officer ~e~ fixed at $1200.00 per year payable in regular monthly instal,!ments, he to pay his own expenses, a_nd be it further RESOLVED: That the Town Clerk be and he hereby, i-s~ instructed~t~ notify Frank S. Dawson and the District Supe~intendnet of Schools of the Vote of TOWn Board: ~Ayes-Supe~vis~ Atbertson;~ councilmen Demares~ and Valentine; Justices Tuthill an~ Clark. Moved by Justice Clark; seConded by Justice Tuthil~; RESOLVED: That this Town Board meeting be and hereby is recessed 'at 5:00 P.M. and wi~tl reconvene at the-Super-visor's OffiCe, 16 South Street, Greenport, N.Y. at 7:30 P.M. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valer~ ine; Justices Tuthill and Clark. 5 Moved by Justice Tuthill; seconded by Councilman Valentine: WHEREAS, the county of Suffolk proposes to dredge'certain-areas of WEST CREEK , in the Town of Southold, which dredging will be~ per- formed by County owned dredging equipment at a nominal Cost to the Town of Southold, and ' W~IEREAS, in order to accomPliSh'said dredging, plans, specifications, agreementsand other ddc~ment's must be executed onbehalf of the Town of SouthOld'] now there~6re be it RESOLVED:' That the-Supervisor be and he hereby is:aut~o~ized' to execute, onbehalf of the Town of Southo!d, all necessary plans and specifications, spoil area agreements, assurances to the~ county-of suffolk, license and/or dredging permit'applications to Federal and State Agencies and all"o~her documents that-may'be required'to accom- plish said dredging work. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine; Justices Tuthill and Clark. Moved by Justice TuthilI; seconded by Councilman Valentine; -~q~_EREAS, the County of Suffolk owns and operates a dredge and othe~ equipment suitable for dredging channels and depositing fill on des- ignated areas, and ¥~LEREAS, the Town of Southold has requested that the said dredge be used in connection~ith the dredging of VEST CREEK, Town of Southold, as shown on ~ne accompanying maps and specifications, and WHEREAS, the Supervisor of,the Town of Southold b~T~s~ution d~ly adopted by the Town Board of the said Town of Southold has been auth- orlized and directed to sign for and on behalf of ~ne Town of Southo!d assurances to the County of Suffolk, ~nat-the said Town of southold will perform ~all acts required to be performed by said Town in connect- ion with. the preparation for the dredging operation as aforesaid and obtaining of all necessary easements and rights of way fDr said dredg- ing operation and use of areas indicated on 'the attached map for spoil areas together with all necessary rights incidental to said dredging operation; NOW, T~EREFORE, IN CONSIDERATION OF THE BENEFITS TO THE Town of Sou~hold, as aforesaid, the Town of Sou~nold hereby assures the County of Suffolk 'that it will: (a) FurniSh,-fr~ee of cost tot~ County of Suffolk, all lands, easements, rights of'Way and. spoil d~sposal areas necessary for the new work and subsequent maintenance when and if required for the dredging operations at WEST CREEK, all as shown on the attached map, land (b) Hold and sa~e the County'of Suffolk free from any claims or damages resulting from said improvement or resulting i~ anyway from the said dredging operation or t~e use of equipmen~ at the said WEST CREEK, or use-of any spoil area or any other area - ' affected by said dredging operation. IN WITNESS ?~4EREOF, I have set myhand and seal of the Town of Southold on this 10th day of August, 1965. ATTEST: Town of Southold, New York Albert W. Richmond By Lester M. Albertson, Supervisor S E A L Moved-by Justice Clark; seconded by Councilman DemareSt; WHEREAS, the'County Of Suffolk proposes to~dredgecertain areas of BROADWATERS COVE, in.the Town Of Southold which dredging will be performedbyCounty owned dredging equipment at a nominal cost to the Town of~So~thold, and ~HEREAS, on order to accomplish said dredging,-plans, ,speci~ications~ agreements and other documents mus~ be executed on behalf of the Town of Southold, now,-therefore, be it RESOLVED:~ That the Supervisor-.be and he-herebyis authorized to execute, on behalf Sf the-T~wn of South01d, all. necessary plans and specifications, spoil.area agreements, assurances to ~ne County of Suffolk, iicense and/or dredging permitapplications to Federal and State AgenCies ~an~ ~It ~h~doC~en~s"tha~ ~y be~'r~qui~ to acc~m~i±~~ said dredging work. Vote of Town Board: Ayes-Supervisor Albertson; Councilmen Demarest and Valentine~ Justices Tuthill and Clark. Moved by Justice Clark; seconded by Councilman Demarest; ~iEREAS, t~e County of Suffolk owens,and operates a dredge and 6ther equipment suitable for dredging channels and depositing fill on desig- nated ~reas, and -WHEREAS, the Town of Southold has requested that the sai~ dr~dge b~ u~ed in connection, wi~h ~he dredging of B~0ADWATERS COVE, To~n of Southold, as shown on the accompanying map,s and. specifications, and WHEREAS, the Supervisor of the Town of Southold by resoiu~-~o~ duly ¢~ adopted by the Town Board of said Town of Southotd has been authorized and directed to sign for and~on behalf of the Town of Southold~assur- ances to the County of Suffolk, ~hat the said Town of S6uthotd ~iil perform all acts required ~o be performed bysaid Town .in c~n~c~i~n with the preparation for the dredging operation as aforesaid and ob- taining of all necessary easements and rights of way for said dreg- lng operation and use of areas indicated on the attached map~ for spoil areas together with all necessar~3rights incidental to said~ dredging operation: NOW, THEREFORE, IN CONsideration Of the benefits to the Town-~o_~ Southold as aforesaid, the Town of Southold hereby assures the CoUnty o~ Suffolk that it will: (a) Furnish, free of cost to the County of Suff~o!k, all lands, easements, rights of way'and spoil disposal areas neces~sary f6r the new work an~ subsequent maintenance when and i~ required for the dredging operations at BROADWATERS COVE, all as shown on thee attached map, and (b) Hold and save the County of Suffolk free from a~y claims ~r damages resulting' in any ~way from the .said dredging oper~r ation or the use of equipment 'at the said BROADWATER COVE, or use of. any spoil area ~or any o~her area affected bY sai~ dredging operation. IN WITNESS ~HEREOF., I have set my hand and seal cf the Town of. Southotd on this 10th day of August, 1965 ATTEST TOWN OF SOUTHOLD, ~ErW YORK ~ ~ Albert W. RiChmond BY Lester M. Albertson~ Supervisor SEAL Moved by Councilman Demarest; seconded by Coun~cilman Valentine; WHEREAS, the Town.Board of .the.Tc~n of Southold~held a~ public hea~ring~ on the 13t~h day of' July, 1965 at 7:30. P.M. on the question of the enactment of an Ordinance entitle~d "AN ORDINANCE LICENSING AND 'REGU_ I~TING SECOWDPLAND JUNK AND AUTO PARTS, ACTIVITIES AND BUSISvESSES"~, .at which time all interested persons were given an opportunity to be hesurd, .and . W~HEREAS, the 'Town' Board of the TOWn of S6uthold deems it ~in~ ~he public interest, that said proposed Ordinance should 'be enacted, NOW, THEREFORE, BE IT RESOLVED AND ORDAINED: That the Town Board of the _Town of Southold enact the following Ordinance to wit:-- AN ORDINANCE LICENSING A~q~ REGULATING SECOND HAAVD, JUNE~ ~ND AUTO PARTS ACTIVITIES AND BUSINESSES. SectiOn I. Legislative Intent. Town By the adoption of this Ordinance the/Board of the of Southold declar~es its intent in so diong to be ..tO~ reg~.!at~~ control and license the~ activities or businesses known as au_to/"graveya~ds, junk yards and secondhand parts~ collectio~ ~reas~ Sa~id~ Town Board hereby .declares that such activities or'.bus.$nesses can.constitute a hazard to property and persons, and a public nui~sa~ce. Such mater- ia~ls may be .highly~ inflammable and sometimes exp!osive.~ G.asolin9 tanks on old autos often contain in some quantity combustible gasoline; the engine and other parts of such autos a~e fre.que~nt!y co~vere~ with gr~ease and oil which is also inflammable. The ti~es,/.~p~!astic seats,_ tops other elements of~ such autos~ ~re .also inflammable. Batteries .an¢ .other elements .of such autos can contain acids and other matte,r pt~nti~l~y harmful to humans. These autos fr~quent~ly contain Sharp metal or glass edges or points upon which a human could receive serious cuts I27 and abrasions. These autos can constitute attractive nuisances to children~ and certain adults'. The presence of such junk yards even in areas zoned for business or ~industry is unsightly and tends to detract-from ~a!ue of Surrounding land and property unless such areas are properly maintained and operated~~ SECTION'~II. Definitions. As used in this Ordinance° (a) The term !'person" shall mean an individual, an assoc- iation, ~-.partnership, a corporation. (~) The term "auto" shall mean passenger auto,-truck, tractor-truck, trailer, bus, motorcycle or other vehie~e, however propelled, as well as tractors, bulldozers, machinery and equipment. SECTION III. License Required. No person shall engage in or conduct on real property within,the Town of Southold either for himself or for and on behalf of any other person directly or indiredtly as agRnt, employee or otherwise any activity or business eithe~ for profit or-otherwise, at wholesale or retail, which involves the' Collection~ storage, bur~in~, dumping, disassembling, dismantling, salvaging, sorting or otherwise h~ndling or arranging~ for sale, resal'e', storage or disposal or otherwise of bodies, engines, or parts Of autos, without first obtaining a license therefor as hereinafter provided. SECTION, iv. Application for License. Each applicant for a license hereunder shall execute under oath an application therefor ~o be supplied to him by the Town Clerk, which shall contain the following information: That the appliL cant is over twenty-one (21) years of age, t~at he is a citizen of the United states, whether he has er. er been convicted of a felony or mis- demeanor and sub other facts or evidence &s .is deemed necessary to establish that he is a person fit and capable of properly °conducting the activity or business for which 'the license is~ sought; a~ description of the exact type of business he i~tends to conduct, the nature of the materials he intends to handle; the number of employees ~he intends tO' engage; and the name and address of the owner or owners of the land and the anture of the right of occups_ncy of the a~plicant to the use of such 1.and. At the time. of making application the applicant shall submit to and file with th, e Town Clerk a map or plan of the real pr oper%y. ~' ~ upon which he intends to ConduCt the activity-or business for which he is making application for a licnese hereunder with the area 'of' such real property which it is ~roposed to use for such purpose, the location of the fence required hereunder indicated tbs reon as well as the location of any buildings on such land and the location of any streets or highways abutting or passing through such land and the location of any water, sewer or gas mains or laterals available thereto as well as the general drainage pattern of such land. in the application-'the applicant shall agree that if ..granted .the license apptied~for, he will conduct the activity or business pursuant to the regulations hereinafter~ set forth and that .-upon his failure to do so, such license may be revoked forthwith. A person presently engaged in or conducting an activity or business such as described ~erein on real property within the Town of .South01d must apply for a license therefor ~ithin thirty (30) .d~ys of the adoDtion of this Ordinance. If the place where he conducts .such activity or business presently complies With 'the requirements a Person must meet to secure a license in the first instance, he shall be issued a license therefor if he meet~ the other requirements con- tained, herein. If the' place where he conducts such activity or busin= ess does not presently comply with the requirements a person must meet to secure a license in the first instance, he may be granted a' temporary license for one (1) year, during which year he must arrange the place wher~ he conducts such activity or business so ~that it does then comply with the reqUirements a person must meet to secure-a t~Cense in the first instance. If at the end Of SUSa year such pe~rsOn'has-not- so arranged his place Of such activity or business he shall forthwith cease and desist engaging in or conducting the same and shalt rem0ve from Such place any autos, parts or other materials of the nature described herein. If the person conducting such activity or business is not the sole owner thereof, he shall state such fact at the time he applies for his temporally license~and the Town Clerk at tt~e time'-o~ issuing SUck temporary license shall send the owners or each of them a notice .of the ~iss~ance of such temporary license to'such ~person--t0g~her with a copy of this OrdinanCe. ~ ~' SECTION V. The License. The fee for the license is hereby fixed in the sum of $25.00, which sum covers not 'only the cost of issuing-the 'license-~t- self b~t also the 6ost of making the' necessary inspections of' the premises to ascertain compliance with the regulations he~einafter~Pre- s cr ibed. Su~n license Shall be placed.and at all times displayed in a conspicuous place at the~ticenSee's Place~of activity or business for which it is issued. Such license shall be effective from the-date~of~i~s issuance until the 31st day of December of the year of such issuance after which a new application fo~ license-must ~e made year~yi~if-l~c- ense if licensee desires to continue such activity or business. Such license is personal with the licensee. It doels not go with the, title ~o the land 'nor may it he'sold, assignedi trans- ferred or disposed of. SuCh license~ may be revoked~bY ~e Town'Board after a Public beaching thereon at which the licensee shall ~ave ~n opportunity ~o be heard..Upon revocatio~of a license the Town ~Board may require the removal, of autos, parts and materials left as.above. 'provided~ ,~ ~ in the case of an applicant for a te~p0rary~ license who'fails to qualify for a license. In the event that an applicant for-a license as pro& ~ide~he~ein stall have previously been duly'issued a'valid a. ndeffect- ire Jun~ Dea~em's License by the SuPerviSor'of this Town-,pursuant to the provisions of Article ~ of the New York State Gene~aT Business Law, then such applicant shall' be ~ntitled~o and allowed~a"credit against the above pr~ui~ed license fee in the amount-of~$5.00;~ such Junk~Dealer's Licensefee actually paid by such applicant;c~herwise, this ordinance shall be'ifully binding upo~"and aPPlicable'to the holder' of a~ysuch Junk~Dealer3s License. SECTION.VL. Regulations. (a) The license must pers0n&lly'manage or'be-resp°n-'~'' sible fo~ the managemen~ of the activity or business for'which the- license is granted. (b) The licensee must'mai~tain 'an office-and-a SUffic- ient number, of employees on the premise~ to 'aSsure'the proper and!safe cond~ct"of such activity or business~ to minimize the-fire hazard there- from and to prevent improper trespass thereon'by children and others. ' (c} The ~'±ce~see m~st ~rect'~and maintain a six~fo~t-~ (6.,) wire fence of close'mesh or one ~ade of wood or of other~'mat~rial, adequate to prohibit the entrance of children and others into~the"area of the ac~'£vity or~b~siness and to cOntai~ within such fence~the ma~r- ials deait~in, bY the l~censee, ands-if-s~ch area abuts a residentia~ area or public street or highway such 'fende shall be twenty-five feet (25') from the boundary line thereof. All the materials"dealt ih ~bY kepu within Such fence at-all times. ~he licensee shall be (d) Inside and adjacent to and contiguous with such fence a~.strip of land at least ten feet (10') in width shall be dept free of all dry grass or ~other growth or O~her combustible material so as to provide a fire lane or line around the entire area where the activity or business of the licensee is being conducted. (e) The~ autos, parts and. materials dealt in by the licensee shall be assembled or dismantled. ?hey shall be piled or ~rranged in neat rows so as to permit easy, clear passage through the area. (f) There shall be maintained at each such place of activity or business for ~hich a license is issued at least one (1) fire exting- uisher of approved design and capacity for each 40,000 square feet of area. Each such fire exting~uisher shall be hung or mounted in a conspic- uous place, clearly marked and available. ~ (g) W~nen the ,area is not supervised by the licensee or his employeesm the fence shall be locked at a secure gate ~in a secure manner. (h) Suitable sanitary facilities shall be available, connect- ed to approved public sewers or septic tanks, for the use and-convenience of 'the employees of the licensee as well as the genmral public visiting the area. (i) The area of the licensee's activity or business shall not be used as adump area not as a place_ for the ~-~rning and disposal of junk or trash. (j) The~Town Police, the Town clark, or the Town Board or any of its representatives shall be granted access to the area of the activity or business of the licensee at all reasonable hours to inspect the same for compiis_nce herewith. SECTION VII. Violation of Ordinance and Offense: Penalties therfor. (a) The owner or licensee of any such place of business who core, its or permits a~y acts in violation of any of the provisions of this Ordinance shall be deemed to have committed an offense against such Ordinance, and also shall be liable for s~y such violation or the penalty therefor. Each day such violation shall continue or be per- mitted to exist shall constitute a separate violation. (~) For every violation of any provisions of this ordinance the person violating the same shall be subject to a fine of not more than $100.00 or imprisonment not exceeding thirty (30) days, or by both such fine and imprisonment. (c) Conviction for any above-mentioned violation shall con- stitute and effect an i~mediate forfeiture of the license. (d) Any person violating this ordinance shall be subject to a civil penalty enforceable and collectible by the Town in the amount of $100.00 for each such offense. Such penalty shall be col!ecti- ~te by ~nd in the nmme of the Town for each day that such violation shall continue. (e) In addition to the above-provided penalties and punish- ment, the Town Board ma~ also maintain an action or proceeding in the name of the Town in a Court of competent jurisdiction to compel compli- ance with or to restrain by injunction the violation of such Ordinance. SECTION VIII. Repeal. Ail Ordinances or regulations heretofore adopted in con- flict with this Ordinance are hereby repealed. SECTION IX. Saving Clause. If any clause, sentence, paragraph, section or part of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remain- der thereof, but shall be confined in its operation to the clause, sm~t- ence paragraph, section or part thereof directly involved in the contro- versy in which such judgment shall have been rendered. SECTION X. Effective Date. This Ordinance ,Shall take effect ten '-(10)..days ~f~ter publication.and posting or imme~diately upon.personal servic~ as~ pro~ided by Section t33 of the TOwn Law... IT~"IS FURTHER RESOLVED:~ That ~the Town.Clerk of the Tqwn of Southold give notice of such hearing pursuant-to the appt:icable provision~ of law i Vote of Town Board: Ayes-SupervisOr Albertson; Counci~lmen Demarest and Valentine; Justiees Tuthill and Clark. Moved by .Justice Tuthill; se~nded by Justice Clark; . WHEREAS, Rev. John Jefferson has. applied to the Town-Board for a single trailer permit dated August 9, 1965, NOW, THEREFORE, BE IT~RESOLVED: That the application of :Rev~.~ John, · Jefferson/to locate a single.trailer on his property .be and the same is hereby denied ..... ~vote of. Town Board: Ayes-Supervisor Albertson; Councilmen_~Demarest and Valentine; Justices Tuthill and clark Adjou~nemtent was at 9:00 P.M. Albert W. Rich~0nd To~n clerk